SULOCHANABAI Vs. NAMDEO

JUDGEMENT

(1.) The challenge in this revision application is to the order dtd. 24/4/2018, passed by the Court of Civil Judge, Senior Division, Hingoli, below Exh.1 in the suit, being Regular Civil Suit No.50/2015. By the impugned order, the preliminary issue as to whether the Civil Court has jurisdiction to entertain and try the said suit has been answered in the affirmative. The original defendants No.4 to 11 have, therefore, preferred the present revision.

(2.) The Agricultural land Gut No.258, situated at village Pedgaon, Taluka and District Hingoli belonged to Suryabhan Haribhau Nande. The applicants herein are Class-I heirs/ legal representatives of late Suryabhan. The respondents No.1 and 2 are the original plaintiffs. They filed the suit, Regular Civil Suit No.50/2015 for declaration of their title to the suit land (3 Hectors 93 R) in Gut No.258. They also prayed for relief of rectification of the sale deed dtd. 10/6/2003, executed by deceased Suryabhan in favour of plaintiff No.1/ respondent No.1. It is their case that, late Suryabhan sold the land admeasuring 3 Hectors 93 R under the sale dtd. 10/6/2003. It was, however, transpired that, inadvertently, only the land admeasuring 93 R has been shown to have been sold under the sale deed. The entire land Gut No.258, admeasuring 3 Hectors 93 R is said to be in their possession. They have, therefore, prayed that the sale deed be rectified stating that the land admeasuring 3 Hectors 93 R has been sold. A relief of perpetual injunction restraining the applicants herein from disturbing the possession of the plaintiffs over the suit land has also been sought for.

(3.) The applicants, original defendants No.4 to 11 appeared in the suit. The other defendants are the revenue authorities. The applicants preferred application Exh.54 for framing a preliminary issue as to jurisdiction of the Civil Court to entertain and try the suit. It is the contention of the applicants that, late Suryabhan belonged to Scheduled Tribe. The land belonging to tribal cannot be transferred by sale without prior permission of the Collector. The bar is absolute. The sale deed executed without obtaining permission is invalid. The land is liable to be restored to the applicants in the capacity as heirs of deceased Suryabhan. The Civil Court, therefore, did not have jurisdiction to entertain and try the suit.